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HomeMy WebLinkAboutS-1420-B ApplicationCity of Little.Rock Planning and Development Filing Fees Date: AJONq,20 Annexation Board of Adjustment Cond. Use Permit/T.U.P. Final Plat Planned Unit Dev. Preliminary Plat Special Use Permit Rezoning Site Plans Street Name Change Street Name Signs Number at Public blearing Signs Number at ea. ea. Total F; r: `-- MAR 4 2006 OF Li l- ^E ROC File No. 5 — " Location �A)r�-4 Applkc [Y � By "V BILL OF ASSURANCE E��/14�1 i906 E�_�t1 �'� PIN _led G Ream ded Irt 9ffiria•+ kecarts m WOODLAND FARM ESTATE$,jLJr;rh Hry PULASKI COUNTY, ARKANSAS ,RIIULTrkiCOUKT; CLEi� i-aag %irj.@g KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, WOODLAND FARM ESTATES, LLC, is the owner of the following described property in Pulaski County, Arkansas, to -wit: being more particularly described on a plat prepared by ETC Engineers, Inc., dated September 2005, and entitled "Preliminary Plat & Final Plat - WOODLAND FARM ESTATES". WHEREAS, it is deemed desirable that the above described property be subdivided into lots and streets, as shown on the attached plat, and that said property be held, owned, and conveyed subject to the protective covenants herein contained in order to enhance the value of said property. WHEREAS, WOODLAND FARM ESTATES, LLC., hereinafter referred to as Grantors, for and in consideration of benefits to accrue to them, which benefits are hereby acknowledged to be of value, has caused said property to be surveyed by Mr. John Tweedle of BT Engineers, Inc., and a plat thereof made which is identified by the Title PRELIMINARY & FINAL PLAT - WOODLAND FARM ESTATES, Pulaski County, Arkansas, and the date September 2005 and by the signature of said Land surveyor and said Grantors and is of record in the office of the Circuit Clerk and Recorder of Pulaski County, Arkansas in Plat Book , at Page Viand the Grantor does hereby make this Bill of Assurance. NOW, THEREFORE, Grantors hereby donate and dedicate to the public forever an easement of way on and over said streets shown by said plat to be used as public streets. In addition to the streets, there are shown on said plat, certain easements which are reserved for the use of public utilities and or for drainage purposes, subject at all times to the proper authorities and to the easement herein reserved. Owners of the lots shall take title subject to the right of public utilities and the public. The filing of the Bill of Assurance and Plat for record in the office of the Circuit Clerk & Recorder of Pulaski County shall be valid and complete delivery and dedication of the streets and easements subject to the limitations herein set out. The land in said plat shall forever be known as WOODLAND FARM ESTATES, Little Rock, Pulaski County, Arkansas, and any and every deed of conveyance for any lot in said subdivision describing the same by the numbers shown on said plat shall be deemed a sufficient description there of. The lots in said WOODLAND FARM ESTATES, shall be sold by the Grantor and shall be held, owned, and conveyed subject to and in conformity with the declaration, restrictions, and covenants set forth herein, which shall run with the land, and be binding upon the owner after lots plotted herein and their successors and assigns, to -wit: 1. PUBLIC UTILITIES. All dwelling and other structures erected upon any lot as a residential dwelling shall be served by public utilities. In the event utilities are constructed inadvertently outside the platted easement, the easement shall be construed as being five (5) feet on each side of the line as constructed. 2. EASEMENTS. No building, fence or any other permanent structure or improvement of any kind whether herein specifically enumerated or not, shall be built or maintained, within the area of any of the easements shown on the plat; and in the event any such obstruction is placed thereon in violation of this restriction and reservation, no utility will be liable for destruction of same in maintaining or repairing its lines located within the area of said easement. The adjoining property owners will mow and maintain the right- of-way and/or drainage easements adjacent to his/her property. Upon proper notice, if the property owner does not comply with the notice, the area may be mowed by the City and the property owner will be billed as per the procedure on vacant lots within the City. 3. LAND USE AND BUILDING TYPE. No lot shall be used except for single family residential purposes. Garages and other outbuildings must be clearly incidental to residential use of the property and must be constructed in accordance with the City zoning regulations. Boarding houses, tenements, apartment houses, trailer parks, tourist courts, motels, hotels, eating houses, clubs, restaurants, stores, beauty shops, barber shops, and other commercial services and all other industrial uses are prohibited. No business of any nature or kind shall at any time be conducted in any building located on any of said lots except for Real Estate sales and marketing of lots and homes during the construction phase. Said land shall be restricted to new detached single family residences constructed of highest -class materials and workmanship. No structures shall be erected, altered, placed, or permitted to remain on any building site other than a single detached single- family dwelling. No modular or prefabricated structures will be allowed. All permanent buildings, structures, and materials must be approved by the Grantor, their successors or assigns. Double car garages are required. A concrete or asphalt driveway shall be extended from the street to the garage entrance. No gravel or chip & seal driveways will be permitted. Recreational vehicles, motor homes, boats, and trailers shall be stored in the garage or behind the residence. Any dwelling must be complete in it's entirety within a period of twelve months from date such construction is commenced. 4. PROPERTY LINES AND BOUNDARIES. Iron pins have been set on all lot corners and points of curve. In the event of discrepancies between the dimensions or distances as shown on the attached plat and the actual dimensions or distances as disclosed by the established pins, the original pins, as set, shall control. 2 5. MINIMUM PRINCIPAL DWELLING SIZE AND EXTERIOR FINISHING. No principal residential structure shall be constructed or permitted to remain upon any building site unless the main floor area thereof, exclusive of porches, patios, garages and breezeways shall be the minimum of 2,750 square feet, heated and cooled for single story and 3,000, heated and cooled for two story homes. The term "Main Floor' as used in this paragraph shall include living, dining and sleeping areas, which areas may be on different levels. The foundation of all houses shall be Slab on grade or pier and beam, with brick face, a minimum of 100% of the front shall be brick. In all cases, the exteriors not bricked shall be maintenance free. All homes built with architectural shingles or better. All dwellings shall have a matching brick masonry mailbox at curb line in front of property. Mailbox foundation shall not infringe onto street. Grantor's (or their assigns) approval for architectural conformity must be obtained prior to commencing construction. 6. BUILDING LOCATION. No building, fence or wall shall be constructed on any lot nearer to the street than the fence setback line shown on said plat. For the purpose of this covenant, eves, steps and open porches shall not be considered a part of the dwelling. All structures shall be located in order to adhere to the City of Little Rock Zoning Regulations. 7. OWNER AND BUILDER/CONTRACTOR RESPONSIBILITY. Any property owner or builder/contractor shall insure that any contractor performing services for the property owner shall comply with the provisions of this Bill of Assurance, and shall be responsible for the actions of Contractors to the contrary. No person shall damage in any way the utilities or streets in any manner, and any damage so inflicted shall become the responsibility of the person who creates the damage. Owner/Contractor shall be responsible for up keep & clean up of lots before, during, & after construction. 8. NATURAL DRAINAGE. No building, dam, impoundment, or obstruction will be built, constructed or arranged in such a way as to retard the natural drainage flow of rainfall from entering the swales and ditches of the subdivision. 9. SIGHT DISTANCE AT INTERSECTIONS. Does not apply. 10. FENCING. All fences will be brick or wooden privacy fences. No fence will come forward of the actual structure or the lot building line, except as approved; such fence to begin at least 15 feet behind the front property line. All other perimeter boundaries may follow the lot line. No fence should be closer than 40 feet from the center of any street. 11. LOT, YARD AND HOME MAINTENANCE. All front yards will have sod from the street to the front of the house. All property owners, including builders, shall keep all grounds, yards, and adjoining tracts mowed, trimmed and clean, and all houses and fences in neat repair. Each lot owner will be required to keep his lot mowed so that grass and weeds on three -fourths of the lot will not exceed the height of 10 inches. Violation of this provision shall entitle Grantor, its successors, and assigns to mow said lot and charge the cost of same to such offending lot owner. Such expense shall constitute a lien against such lot. 12. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except, that dogs & cats may be kept on any lot, provided, that they are not kept bred or maintained for any commercial purposes & provided that facilities for maintenance of same are installed & that the keeping of the same does not constitute a nuisance. 13. GARBAGE AND REFUSE DISPOSAL. No lot or easement shall be used or maintained as a dumping ground for rubbish. Trash, garbage, and other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition, and not be permitted at any time at a location, which is visible from the front of the lot. 14. TV SATELLITE DISHES. TV satellite receiving devices shall be located behind the residence or in the dwelling attic space. 15. TEMPORARY STRUCTURES. No structure of a temporary character, motor home, trailer, travel trailer, basement, tent, shack, garage, barn or other out building shall be used on any lot at any time as a residence either temporarily or permanently. 16. OUT BUILDINGS. One building for storage shall be permitted, provided however, that the structure be built & maintained in the rear portion of any lot where it should be permanently anchored & shall not exceed 650 sq. feet in area. Also, out buildings will be architecturally compatible with the dwelling. No metal buildings will be permitted, except for builder's and/or Developer's storage or office. 17. NUISANCES. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 18. MOTOR VEHICLE PARKING. Abandoned or unused motor vehicles shall not be parked or permitted to remain on any lot or within the dedicated street. Owners or permanent residents are prohibited from parking in the street. Second, third automobiles, motorcycles and motor homes will not be parked on grassed (unused) areas of the front or side yard (lot) but will be parked on widened concrete driveways or extended concrete pads on sides of garages. Motor homes and recreational vehicles shall be parked no closer to the street than the nearest point of the front fence setback. Driving and parking in unpaved areas of the yard (lot) are strictly prohibited. In all cases City of Little Rock restrictions shall apply. 19. SIGNS. No billboard, poster, sign, or object of unsightly nature shall be placed or permitted to remain on any part of said land, except one sign only per lot not exceeding five square feet in area may be displayed advertising the property for sale or signs used by a builder to advertise the property during the construction and sales period, and two signs for the development name. One at the entry, and one at the block retaining wall. 4 20. DURATION OF COVENANTS. These covenants and restrictions are to run with the land and shall be binding upon all parties and all persons claiming under them until October 1, 2026, at which time said covenants and restrictions shall automatically be extended for successive periods of (10) ten years from each termination, unless 70% of the then owners of the lots agree in writing to amend said covenants and restrictions, either in whole or in part. Except that Grantor's (or their assigns) approval for architectural conformity must be obtained prior to commencing construction until all homes are completed and sold. 21. TO CHANGE THE COVENANTS. These covenants and restrictions shall not be amended, canceled, or supplemented unless an instrument signed by the owners of at least 70% of the then owners of the lots is placed on record agreeing to change the covenants and restrictions in whole or in part. Except Grantor (or its assigns) have design control until all lots are built. 22. COVENANT VIOLATIONS. In the event of any attempt to violate any of the covenants or restrictions herein contained before the expiration date hereof, it shall be lawful for any person or persons owning a lot or lots in said subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restrictions and either to prevent him or them from so doing or to recover damage in any court of law for such violation. 23. FINAL PLAT. The Bill of Assurance shall be appended to the final plat. Any dedication or restriction shown on either document shall be considered to appear on both, but should any discrepancy appear, the final plat shall govern. 24. INVALIDATION OF COVENANTS OR RESTRICTIONS. The invalidation of any one of these covenants or restrictions by judgment of a court of competent jurisdiction shall in no way effect any of the other provisions, which shall remain in full force and effect. 25. FINISH FLOOR ELEVATIONS. All Finish Floor Elevations shall be built a minimum of one foot above the 100 year flood elevation. Attention is called to the FIRM Community Panel listed on the Final Plat. Lots shall be graded to provide adequate positive drainage away from dwellings. 26. EROSION CONTROL. Erosion control measures shall be implemented until construction is complete. The individual lot owner shall be responsible for maintaining the silt fencing and related run-off control measures. It is the intent of the developer(s) to assure the property owners that Woodland Farm Estates shall be one of the finest and well kept subdivisions in the Pulaski County area. Therefore, these restrictions shall be strictly adhered to. E IN WITNESS WHEREOF, the said Grantor(s) has caused these presents to be executed this -777, day of ACKNOWLEDGEMENT STATE OF ARKANSAS) COUNTY OF PULASKI) On this _7 day of Li axe-L-4- '2-1' 6(- , before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named to me personally well known to be Grantor, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal thi day of 200 My Commission expires: Public ! - 9 CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME -WOODLAND FARMS ESTATES LOTS 1-10 INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certa' Improvergents remain uncompleted and a punch list has been prepared and sent. Engineering Specialist Date:_�3'�� ADDRESSING SPECIALIST'S REPORT I h e rev' w p e street names and street configuration are acceptable. Addressing Specialist Date TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage. Indicate the number of street signs ordered for this plat for billing to developer: Certain improvements remain uncompleted and a punch list has been prepared and sent. V12�� Traffic Engineer Date: CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. All other requirements for final plat approval have been satisfied. Civil Engineer I/II SURVEYOR'S REPORT I have revi wed the plat and find that: All require: aeatS4 anal plat approval have been satisfied. Surveyor Date: 3 d� MANAGER APPROVAL All Civil Engineering requirements for f ing thi al plat have been satisfied. ,� a Date: 3 V Design Review ngineer/Civil E;gineerinj Manager July 2005 Date: pow �